Bob McBride Jr. was 18 when he pushed a flat-bottomed boat holding his family and neighbors through chest-high water to safety in Tangipahoa Parish. Nearly 30 years later, he and hundreds of others still are waiting for the state to pay a judgment that now totals $300 million with interest.
The Louisiana Legislature is on the hook for the money because a judge found the state liable after determining that the construction of the Interstate 12 bridge disrupted the natural floodplain. So far, lawmakers and back-to-back governors have made only a small dent in compensating the flood victims.
Earlier this year, the Legislature appropriated $2 million toward paying the judgment.
The flood victims’ attorney, Jean-Paul Layrisson, said the appropriation was meant to encourage the Jindal administration to finally reach a settlement.
“We’re trying to put a long-term plan together rather than just distribute this $2 million,” he said.
However, Commissioner of Administration Paul Rainwater said his focus is on determining how to distribute the $2 million,rather than on an immediate settlement. As commissioner, Rainwater oversees the state budget for Gov. Bobby Jindal.
State government recently grappled with a budget deficit and is facing a $1.6 billion shortfall in the fiscal year that starts next summer.
Rainwater said the budget challenges are consuming his time.
“I’m concerned about the citizens who were impacted,” he said. “We’re going to honor what the Legislature appropriated.”
Layrisson said he really wants a long-term deal. He said one of the 1,400 plaintiffs, alone, is owed more than $2 million.
He said the alternative to a long-term deal would be to put the $2 million in an interest-bearing account and figure out how to spread it out overmore than 1,000 plaintiffs.
The flood victims say they are tired of waiting.
“As a class, we have unitedly been very patient and respectful advocates of the judicial system over the past 28 years,” McBride said. “Our only wish is that our elected officials take ownership of their liability.”
The Tangipahoa River flooded hundreds of homes and businesses in and near Robert in 1983.
Homeowners sued the state, claiming the I-12 bridge was designed and built in such a way that it disrupted the natural floodplain and swept water into their homes. Few of the homeowners had flood insurance.
Flood victim Milly Cannino said she woke up about 4 a.m. in April 1983, put her feet on the floor and felt water. She said the water rose so fast that her family’s cars flooded. Relatives came to their rescue with a truck.
“We lost everything we owned, even some of our pets,” she said. “It financially set us back for years.
This was a great loss for our community. We have memories of the flood every time it rains.”
McBride said he lost his shelter of safety when the flood waters rose and consumed his family’s home.
He said he still remembers the terror in his father’s voice as they struggled to push against the current to get a boat filled with family members through the flood waters. It was the first time, McBride said, that he ever sensed his father was scared of something.
“To say the least, it was one of the most terrifying moments of my life to date,” he said.
The homeowners won the liability phase. A special master then determined that they should receive more than $92 million. Legal interest is steadily increasing the judgment.
Down through the years, many attorneys have represented the storm victims, with former U.S. Sen. John Breaux lending his assistance for awhile. Layrisson estimates that 20 percent of the plaintiffs have died.
State Sen. Julie Quinn, R-Metairie, said the $2 million appropriation was meant to signal the Jindal administration that a settlement needs to be reached.
Layrisson credits Quinn, along with state Sen. Jack Donahue, R-Mandeville, and state Sen. Mike Michot, R-Lafayette, with working to make the appropriation happen.
“It’s unconscionable that those flood victims have not been compensated,” Quinn said.
She said the Jindal administration opted to scrap a settlement agreement that the Blanco administration reached with the flood victims.
Quinn said she wants the judgment to be recognized as valid before she leaves office.
“I’m not going away and the plaintiffs are not going away,” Quinn said.
Attorney Skip Phillips, who represents the Jindal administration in the talks with the flood victims’ attorneys, said an agreement was reached in the final year of former Gov. Kathleen Blanco’s administration to pay $35 million over many years. He said the agreement was withdrawn when it was discovered that not all of the plaintiffs’ attorneys agreed with it.
Phillips said there are two options _ make a lump-sum payment or work out an arrangement to make payments during a period of several years. He said the state cannot afford to make a lump-sum payment but Rainwater is open to a payment plan.
Phillips said the flood victims’ attorneys are supposed to come back to the state with a proposal for making a series of payments beginning at some point in the future.
In the meantime, Phillips said, he understands the flood victims’ frustration.
“I would say there have been efforts to try to get the judgment paid,” he said.
Topics Legislation Flood Louisiana
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